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Posted on: April 21, 2020

4/21/20 - Amendment to Emergency Ordinance Deferring Payment of Electrical Service

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At last night’s Special Called Council Meeting and Policy Work Session, Mayor and Council voted to further amend Sec. 43-1, subparagraph (12) of Chapter 43 entitled “EMERGENCY ORDINANCES” of the Code of Ordinances. The city’s two emergency ordinances were first passed on March 23rd (Ord. No. 04-2020) and March 30th (Ord. No. 06-2020), and on April 13th Sec. 43-1, subparagraph (12) was amended to prevent the termination of electrical service to any Norcross Power customer due to non-payment until May 15th. 

The new amendment to subparagraph (12) provides a mechanism for Norcross Power customers to request deferment of payment due to financial hardship for electrical service provided to any residential or business address within the city limits of the City of Norcross for the months of March, April, May, and June, 2020, to be repaid in six equal payments during the months of July through December, 2020. These provisions are more particularly set forth in the attached ordinance (and pasted below).

If you have any questions or would like to obtain a copy of the STATEMENT OF INABILITY TO PAY AND REQUEST FOR DEFERRED ELECTRICAL SERVICE PAYMENT PLAN form, please contact the General Government Administration office (gga@norcrossga.net). 

Executive Summary

Ordinance 08-2020

STATEMENT OF INABILITY TO PAY AND REQUEST FOR DEFERRED PAYMENT form


ORD 08-2020 Amendment to Emergency Ordinance Deferring Payment of  Electrical Service  Effective April 20, 2020


“Sec. 43-1 – Restrictions on Certain Businesses and City Facilities for the Duration of the State of Local Emergency.

….

(12)     Electrical Utility Bills.


i.    Norcross Power customers billed for electrical  service provided to any business or residential address within the city limits of the City of Norcross that are currently suffering under  a  financial hardship, as defined below, such that they are unable to pay for electrical service as it comes due  may apply to the City Manager for a Deferred Electrical Service Payment Plan (hereinafter referred to as the “Norcross DESP Plan”).

ii.    The Norcross DESP Plan will apply only to Norcross Power customers being billed for electric service provided to an address within the city limits of the City of Norcross.

iii.    Norcross Power Customers may apply for the Norcross DESP Plan by submitting a statement of inability to pay and requesting the deferment of payment due to financial hardship (hereinafter the “SIP-DESP Form” attached hereto as Exhibit “A.”

iv.    “Financial Hardship” as used in this Emergency Code Sec. 43-1 (12) means that the Norcross Power customer cannot keep up with debt payments and bills such that the total amount owed each month for basic living or business  expenses is greater than the customer’s monthly income from all sources due to a circumstance beyond the customer’s control.  Financial Hardship can be due to involuntary unemployment or underemployment, excessive medical bills, providing support for a member of the customers immediate family (father, mother, grandparent, son, daughter, sibling, aunt or uncle) or other similar circumstances. 

v.    The City Manager for the City of Norcross is hereby granted the discretion and authority to consider statements of inability to pay and requesting the deferment of payment due to Financial Hardship to approve or deny each such request on its merits.

vi.    The Norcross DESP Plan will defer the payment for electrical service provided by Norcross Power for the months of April, May and June of 2020, as follows:

1.    The deadline for payment of all electrical services provided by Norcross Power (including residential service, general service, industrial service and combination residential or commercial service) for the months of April, May and June of 2020 are hereby extended until June 30, 2020. 

2.    Payment for such electrical service accruing for the months of April, May and June 2020 shall be deferred and become due and payable to the City in six (6) equal installments in the months of July through December 2020. 

3.    Interest and penalties for late payment of such electrical service shall not begin to accrue until July 31, 2020.  

4.    All electrical service bills accruing after June 30, 2020 shall become due and payable in the normal course after July 1, 2020. 

5.    The principal amount of the electrical service bill is not waived. 

vii.    SIP-DESP Forms for the Norcross DESP Plan must be received by the City Manager by no later than 5:00 p.m. on Friday, May 1, 2020.  No SIP-DESP Form received after Friday May 1, 2020 will be considered or approved.

viii.    Norcross Power is hereby directed to refrain from taking any actions which would result in the termination of electrical service to any Norcross Power customer due to non-payment until May 15, 2020, Norcross Power customers shall remain responsible for the payment of the principal amount of their electrical bill.

ix.    This paragraph 43-1 (12) supersedes and replaces Sec. 43-1 (12), as previously amended on April 13, 2020, as of the effective date of this Ordinance.  All ordinances or parts thereof in conflict with any provision or any section, subsection, paragraph, subdivision or clause of Sec. 43-1 (12) are suspended until December 31, 2020.

x.    The provisions of Sec. 43-1 (12) shall remain in effect until December 31, 2020, notwithstanding the repeal, expiration or termination of the Local State of Emergency.

xi.    This amendment to Sec. 43-1 (12) becomes effective immediately upon its adoption by the Mayor and Council of the City of Norcross as specified in Sec. 2.24 of the City Charter.

xii.    This amendment to Sec. 43-1 (12) may also be repealed by adoption of a repealing ordinance in the same manner specified in Sec. 2.24 of the City Charter for adoption of emergency ordinances.”


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